The National Highway Traffic Safety Administration issued a formal Special Order on September 10 demanding Tesla prove under oath that its steering-wheel-free Cybercab complies with federal safety standards written for human-driven vehicles4. Tesla has until September 30 to respond, with penalties of up to $139 million for failing to answer fully and truthfully.
The escalation follows NHTSA's Audit Query AQ26002, opened on September 3 — the same day Tesla began commercial Cybercab service in Austin, Texas3. That initial query was a request for information; the Special Order is a legal demand backed by a sworn-affidavit requirement.
What NHTSA wants
The Special Order contains 21 detailed requests and is signed by NHTSA Chief Counsel Peter Simshauser, addressed directly to Tesla's head of litigation and its associate general counsel for regulatory affairs. Regulators want to know whether Tesla temporarily installed human-driver controls when testing and certifying the vehicle, whether Cybercabs can be controlled by humans, and whether passengers have access to touchscreen controls capable of moving the vehicle5. NHTSA has also asked Tesla to disclose any restrictions on the Cybercab's speed, operating geography, or time of day.
At the center of the dispute is the U.S. self-certification system: automakers declare their own compliance with Federal Motor Vehicle Safety Standards, and NHTSA checks after the fact. Tesla certified the Cybercab — a two-seat vehicle with no steering wheel, no pedals, and no mirrors — as compliant with every applicable FMVSS6. But standards such as FMVSS No. 135 require service brakes activated by a foot control, and NHTSA has publicly stated that a manufacturer of a vehicle without a foot-activated service brake could not certify to that standard.
The Department of Transportation proposed removing manual-control requirements for vehicles designed for fully autonomous operation, but that proposal has not been finalized, and existing rules remain in force.
The Zoox contrast
Amazon-owned Zoox, which also built a robotaxi without traditional controls, took a different path: it filed for a temporary Part 555 exemption covering eight federal standards and received final approval in July 2026, after roughly four years in the federal exemption process. That exemption caps Zoox at 2,500 vehicles per year and runs through 2028. Tesla does not hold a Part 555 exemption.
Austin operations so far
Tesla launched the Cybercab at an invite-only event on September 3 and opened limited public access through its Robotaxi app the following day. As of the launch, 45 Cybercabs were registered in Texas out of 420 total Tesla autonomous vehicles in the state2. Across three early trips, fares reportedly ranged from $15 to $2110. Riders noted a quiet cabin with extra legroom but also reported inconvenient stops, long pickup delays, and cautious driving behavior. CEO Elon Musk did not attend the launch event11.
NHTSA Administrator Jonathan Morrison said the agency "fully supports the safe development and deployment of automated vehicles" but added, "as the federal regulator, we need to ensure that all of our laws are followed".
Tesla's response to the Special Order must be signed under oath by a responsible officer; falsifying or withholding information can carry criminal penalties including up to 15 years in prison.
ANALYSIS Tesla's decision to self-certify rather than seek a Part 555 exemption allowed it to begin commercial service immediately, but the Special Order now forces the company to defend that choice under legal penalty on a compressed timeline.